Research On The Protection Of The Right To Appeal Of Disciplined College Students

In recent years,disputes between students and universities have occurred frequently due to the violation of students’ right to education or students’ dissatisfaction with improper punishment.It is of great significance to safeguard the students’ right to appeal,to dissolve the contradictions between universities and students,and to maintain the normal teaching order.Therefore,colleges and universities also pay more attention to the establishment of a students’ complaints system.The Ministry of Education(MOE)stipulated,in the Provisions for the Administration of Students in Regular Institutions of Higher Education(Provisions)in2005,that the institutions of higher education must establish an appeal system.The newly revised Administrative Provisions on Students of Ordinary Institutions of Higher Learning in2017 even set up a special chapter,which clearly stipulates the system of college students’ appeals,and thus provides a guarantee for the right of college students to appeal.However,in terms of the practice of the construction of the appeal system in colleges and universities,when the entity rights of the disciplined students are infringed,the procedural right of appeal is not obtained to remedy or restore the entity rights violated.The existence of these problems makes the students’ right of appeal in school and its corresponding system unpractical.In order to ensure the smooth realization of the right to appeal of disciplined students in colleges and universities,the effectiveness of the institution of appeal of disciplined students in colleges and universities should be brought into full play,so as to enhance the awareness of law and right protection of the students,enable the students to obtain right relief in time when their rights and interests are infringed upon,and guarantee the right to appeal of the disciplined students in colleges and universities is particularly urgent.By clarifying the relationship between the students’ right and the power of the university and the connotation of the students’ right to appeal,this paper distinguishes the students’ right to appeal within the university from that outside the university,analyzes the legal nature of the students’ right to appeal within the university and the practical significance of guaranteeing the students’ right to appeal within the university,sorts out the relevant provisions of the existing laws and regulations of our country,and measures the existing problems in practice according to this standard.From strengthening the independence of the committee for dealing with students’ complaints,widening the scope of accepting students’ complaints,ensuring the justice of the procedure and realizing the principle of putting the complaints before the complaints,this paper clarifies the service procedure and withdrawal system for the realization of the rights of the disciplined students in colleges and universities,and smooth the relief channels for the disciplined students’ complaints in colleges and universities.